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Pretext / Pretextual regulation

Definition

A law that claims to serve one purpose but is actually designed to achieve a different, often unconstitutional, goal. The U.S. government argued that Hawaii's law claims to protect property rights but is really designed to undermine the Second Amendment right to carry.

Examples

  • The government compared Hawaii's law to English game laws that used the pretext of preserving game to prevent commoners from hunting

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